Official Report 270KB pdf
Item 5 is the Children and Young People (Scotland) Bill. As members will recall, the committee agreed its report on the Children and Young People (Scotland) Bill as amended at stage 2 at last week’s meeting. The committee asked the Scottish Government to respond to concerns raised by the committee in its report. Members have seen the Scottish Government’s response. Do members have any comments to make?
I have a concern that, given the proposals and the withdrawals that have been made, the bill may not be fully compliant with the European convention on human rights. I know that we have the Government’s assurance that it intends to consult widely, but there is, on my part at any rate, an underlying concern. Given the recent history on ECHR compliance, I would like to make certain that all the i’s are dotted and the t’s are crossed at this stage, if that is possible.
It is pretty clear that the bill itself appears to be ECHR compliant. The issue arises in relation to powers that could be exercised under the bill. Of course, that is probably quite common to bills, because it is always possible to draft powers that might step outside the ECHR. Of course, the committee will have the opportunity to consider secondary legislation as it is brought forward.
Do other members have any comments? I am in your hands as to how we might proceed on this.
I propose that we simply accept it as it is and be grateful for the changes that have already been made.
On the issue of compliance, what has already been highlighted by the committee is the importance of ministers consulting on regulations that are to be brought forward. Of course, the committee will have another chance to scrutinise the regulations when they come before us, and that process of consultation and scrutiny will be important. More generally, I think that our consideration of these proposals has shown the difficulty that can be caused by the short timescale between stages 2 and 3 of the bill process. I think that it is well worth our flagging up that issue again to ministers.
I endorse that comment about the timescales being perhaps too short to allow us to fully assess and understand all the implications. That may need to be addressed in greater depth at a future date.
Indeed. I think that that point is well understood. I think that we have made it already.
I have just a very brief point. It might be useful if our clerks ensure that the Standards, Procedures and Public Appointments Committee clerks are aware of this specific example, rather than simply the general case, which I think is probably understood already.
Okay. On balance, is the committee content to note the Scottish Government’s response and await the subordinate legislation, whenever it comes through?
That completes item 5 and brings us to item 6, which will be taken in private.